interstate compact on the placement of children resource guide · 2. complete an icpc cover letter...

Interstate Compact on the Placement of Children

(ICPC) Resource Guide

January 2018 Interstate Compact on the Placement of Children Resource Guide

TABLE OF CONTENTS

UNDERSTANDING THE INTERSTATE PLACEMENT PROCESS .................................................................................... 1

What Is the Compact? ....................................................................................................................................................... 1 Interstate Compact Offices ............................................................................................................................................... 1 The Participants ................................................................................................................................................................ 1 The Process ....................................................................................................................................................................... 2

THE REQUEST STAGE ...................................................................................................................................................... 5 THE DECISION STAGE ...................................................................................................................................................... 6 THE PLACEMENT STAGE ................................................................................................................................................... 7 THE SUPERVISION STAGE ................................................................................................................................................. 8

Jurisdiction (the Sending Agency Retains Legal Custody) ..................................................................................... 8 THE CLOSURE STAGE ..................................................................................................................................................... 10

Maintaining the File for an Interstate Placement .............................................................................................. 11

PLACING CHILDREN OUTSIDE OF TEXAS ............................................................................................................... 12

COMPLETING THE REQUEST PACKET AND COVER LETTER ..................................................................................................... 12 Completing the ICPC Placement Request Packet ............................................................................................... 12 Completing the Cover Letter .............................................................................................................................. 13 Completing the ICPC Financial/Medical Form for an ICPC Placement Request .................................................. 13 Providing Child Information for an ICPC Placement Request ............................................................................. 14

Psychotropic Medications and Adoption Screenings ...................................................................................................... 14 Court Orders ................................................................................................................................................................... 14

WELL-BEING SPECIALISTS .............................................................................................................................................. 15 FOSTER-CARE PLACEMENTS ........................................................................................................................................... 16

States That Require All Non-Parents to Be Licensed as Foster Parents .............................................................. 16 WHEN A JUVENILE PROBATION OFFICER REQUESTS PLACEMENT IN A LICENSED RESIDENTIAL FACILITY .......................................... 18

Supervision ...................................................................................................................................................................... 18 Closing the Case .............................................................................................................................................................. 18

Resource Guides

The purpose of Resource Guides is to provide information that helps you do your job better. This

information includes reference material, procedures, and guidelines that help you complete the tasks you

are required to do by policy.

It's important to remember that the information in Resource Guides does not substitute for policy. We

may sometimes include policy statements, but only to show you the policy to which the information is

related. We will highlight any policy that actually appears in the Resource Guide, and will almost always

include a link to the actual policy. For example:

Per 4222.2 Re-Allowing Placement:

If the caseworker learns of a detailed justification for changing the status of and considering placements

in a foster family that is on Disallowed Placement status, the caseworker must elevate this

consideration through the regional chain of command to the regional director.

The policy in the handbook always takes precedence over what is in the Resource Guide. We try to keep

policy and Resource Guides synchronized, but sometimes there is a delay. If you have questions,

always follow the policy in the Policy Handbook.

Resource Guides provide important information on a range of topics, for the purpose of assisting and

guiding staff to:

• make essential decisions

• develop strategies to address various issues

• perform essential procedures

• understand important processes

• identify and apply best practices

The information in the Resource Guides is not policy (except where noted), and the actions and

approaches described here are not mandates. You should adapt the way you perform critical tasks to the

individual needs and circumstances of the children and families with whom you work.

State office and field staff are working together to identify Resource Guide topics, define the content, and

develop the appropriate guides. CPS will regularly post Resource Guides as they are developed, and

update them as needed. Check the Resource Guides page, in the CPS Handbook, to see new or revised

Guides.

We hope these Guides provide useful information to guide and assist CPS staff in effectively performing

their job tasks. These Guides, combined with clear and concise policy in the Handbook, should help staff

provide a high level of service to children in Texas.


Page 1 of 18

UNDERSTANDING THE INTERSTATE PLACEMENT PROCESS

With limited exceptions, when DFPS places a child outside Texas or receives a request for a placement

from another state to place a child in Texas, the child's placement is subject to the Interstate Compact on

the Placement of Children (ICPC).

What Is the Compact?

The ICPC is an interstate agreement that has been enacted as law in all 50 states, the District of

Columbia, and the Virgin Islands. The compact establishes uniform procedures for placing children in

substitute care in other states.

ICPC procedures are designed to:

• help each state find the best available caregiver for each child who must be placed in substitute care;

• ensure that every interstate placement fully involves appropriate state authorities and complies with

applicable state laws; and

• promote appropriate jurisdictional arrangements by the courts involved in interstate placements.

ICPC regulations are published online by the Association of Administrators of the Interstate Compact on

the Placement of Children (AAICPC).

Interstate Compact Offices

Each state establishes its own interstate compact office. In Texas, that office is the Texas Interstate

Compact Office (TICO), which is part of DFPS.

Each state's compact office specializes in:

• coordinating interstate placements with the compact offices in other states; and

• advising child-placing agencies, including DFPS, about making and supporting such placements.

The Participants

In addition to the child and the caregiver with whom the child is being placed, most interstate placements

involve four participants:

• the sending agency – the child-placing agency (or organization or individual) that is placing the child

outside the state;

• the sending state's compact office – the interstate compact office in the state the child is leaving;

• the receiving state's compact office – the compact office in the state the child is entering; and

• the receiving agency – the child-placing agency (or organization or individual) that supports the

placement in the state the child is entering.

Depending on the circumstances, DFPS is either the sending or receiving agency and Texas is either the

sending or receiving state.

http://www.aphsa.org/content/AAICPC/en/ICPCRegulations.html

Interstate Compact on the Placement of Children Resource Guide January 2018

Page 2 of 18

The Process

Successful interstate placements ordinarily proceed through five stages:

1. The request

2. The decision

3. The placement

4. Supervision of the placement

5. The closing of the case


Page 3 of 18

Each agency and each compact office has a role to play at every stage of the placement to ensure that

the sending agency and the receiving agency both take every action needed to complete the placement

and communicate effectively as each action is taken.

The compact offices guide the agencies through the stages.


Page 4 of 18

Refer to the following policies:

ICPC Stage Texas is the Sending State Texas is the Receiving State

Request 4512 Expedited ICPC Home Screening

and its subitems

4513 Placing a Child with an Out-of-

State Caregiver and its subitems

ICPC Checklist

4520 Placing Children From Another

State In Texas

4522 Accepting Requests From Other

States to Place With a Non-Custodial

Parent Living in Texas

Decision 4514 Obtaining the Other State's

Decision on an Interstate Placement and

its subitems

4523 Notification and Supervision

Placement 4515 Placing the Child in the Other State

if the Placement is Approved and its

subitems

Supervision 6418 The Supervision Services

Expected From Another State

6411.6 Contacts with Out-of-State

Placements

6417 Supervising a Child Placed in

Texas From Another State

Closure 4516 Closing an ICPC Case and its

subitems

4527 Closing an ICPC Case and its

subitems

http://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_4500.asp#CPS_4512


http://intranet.dfps.txnet.state.tx.us/application/Forms/showFile.aspx?NAME=ICPC-Cklist.doc







http://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_6400.asp#CPS_6411_6





Page 5 of 18

THE REQUEST STAGE

The caseworker begins the interstate placement process by submitting a request to place a child in

another state.


Page 6 of 18

THE DECISION STAGE

The second stage of an interstate placement involves the receiving state's approval or denial of the

request to place a child in that state.


Page 7 of 18

THE PLACEMENT STAGE

The third stage of an interstate placement is making the placement. After the receiving state's compact

office approves the placement, the participants take the following steps.


Page 8 of 18

THE SUPERVISION STAGE

The fourth stage of an interstate placement is the receiving state’s supervision of the placement.

JURISDICTION (THE SENDING AGENCY RETAINS LEGAL CUSTODY)

The receiving agency supervises the placement until the court in the sending state dismisses the sending

agency’s jurisdiction; however, the sending agency retains jurisdiction throughout the supervisory period.

This means that the sending agency retains legal custody and remains responsible for the child’s

placement and the costs of the child’s care. The sending agency has the authority to remove the child

from the receiving state’s caregiver, if necessary; and if for any reason the caregiver can no longer care

for the child, the sending agency must find a new placement.

See:

4515.2 Requirement That the Court Retain Jurisdiction After Making an Interstate Placement

4524 Requirement That the Court Retain Jurisdiction After Making an Interstate Placement




Page 9 of 18


Page 10 of 18

THE CLOSURE STAGE

The fifth stage of an interstate placement is the closure of the placement process. Both the sending and

receiving states must agree to close the case before the sending state's jurisdiction is terminated and the

Interstate Compact on the Placement of Children (ICPC) case is closed.

Once the recommendation for closure is agreed upon, the participants take the following steps.


Page 11 of 18

MAINTAINING THE FILE FOR AN INTERSTATE PLACEMENT

The interstate placement file becomes the official case record once a child’s placement in another state

has been approved or denied.

File Maintenance

If the placement is … the child’s caseworker …

approved … … maintains a file on the approved interstate placement request packet, including all of the copied, faxed, or emailed documents used to create the placement packet.

denied … … closes the case and retains in the external paper file all of the copied, faxed, or emailed documents that were used to create the placement request packet.


Page 12 of 18

PLACING CHILDREN OUTSIDE OF TEXAS

With limited exceptions, every interstate placement made by DFPS is subject to the Interstate Compact

on the Placement of Children (ICPC); therefore the caseworker making the placement must coordinate it

through the Texas Interstate Compact Office (TICO). State law and DFPS policies that govern the

removal and placement of a child within the state of Texas also apply.

DFPS places children outside of Texas with the following types of caregivers:

• Parents

• Relatives

• Foster families

• Adoptive families

• Residential treatment centers

DFPS Rules, 40 TAC §700.1902(b)

Under ICPC, DFPS must cover all necessary costs of the child’s care that cannot be covered through

other sources, until the court dismisses DFPS conservatorship.

For detailed information about making placements with different types of caregivers, see:

Placement Process Resource Guide, under Placement Types and Definitions, and under Preference for

Non-Custodial Parents, Siblings, Kinship and Others with Significant Relationships

6930 Selecting an Adoptive Family

COMPLETING THE REQUEST PACKET AND COVER LETTER

COMPLETING THE ICPC PLACEMENT REQUEST PACKET

To request a home screening and permission to place a child in another state, prepare an interstate

placement request packet in IMPACT:

1. Complete, for each child, the Placement Request (100A) sections I-III of the Interstate Compact

Placement Request in IMPACT.

2. Complete an ICPC cover letter in IMPACT for each ICPC request packet.

3. Complete an ICPC Financial/Medical form in IMPACT for each child.

4. Upload into IMPACT all of the following legal forms that must accompany the ICPC placement request

packet:

• The original court order appointing DFPS as the child’s conservator

• The most recent court order with DFPS as the conservator

• The child’s birth certificate (or other verification of the child’s age and citizenship, if a birth

certificate is not available)

• The child’s Social Security number

5. Upload the most recent additional following documents (if applicable) to complete the interstate

placement request packet:

• Psychological or developmental evaluation of each child, required if placement is for adoption

• Physical and dental exam documents

• Educational documents:

• Report card

• Admission, Review and Dismissal (ARD) or 504 documents and accommodations

Ensure that the plan of service is accurate and up-to-date for each child who is involved in the ICPC

request. TICO prints out the most recent child’s plan of service to complete the ICPC placement request

packet.

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=40&pt=19&ch=700&rl=1902

http://www.dfps.state.tx.us/handbooks/CPS/Resource_Guides/Placement_Process_Resource_Guide.pdf



Page 13 of 18

COMPLETING THE COVER LETTER

In the cover letter, include:

• contact information of the child’s caseworker;

• the child’s name, date of birth, and Social Security number;

• the type of home screening being requested (unless a home screening has already been completed.

See below.):

• a brief explanation of the reasons the child came into DFPS care;

• the caregiver’s name, home address, and phone number;

• details about the caregiver’s relationship to the child (such as why the caregiver is interested in caring

for the child) and any contact the caregiver had with the child before the ICPC request was made;

• a brief profile of the child (the child’s temperament, likes and dislikes, medications, and so on), and

any special educational or physical needs; and

• the child’s permanency plan.

If a home screening has already been completed, explain in the cover letter and enclose a copy of the

screening results.

A home screening is most likely to have been completed when:

• a child moves out-of-state with his or her caregiver, or

• a child is placed for adoption with a family who lives out-of-state;

COMPLETING THE ICPC FINANCIAL/MEDICAL FORM FOR AN ICPC PLACEMENT

REQUEST

The ICPC Financial/Medical Form 103 for the Interstate Compact on the Placement of Children is part of

the ICPC packet. It is on the ICPC tab of IMPACT under the substitute care (SUB) and adoption (ADO)

stages. Complete the form in IMPACT, designating the child’s eligibility for foster care payments through:

• Title IV-E; or

• non IV-E paid or Supplemental Security Income (SSI) paid for foster care payments;

Also complete the form to designate the type of placement that the child is going to in the receiving state.

The options for covering the costs of a child’s daily care are:

Options for Covering the Cost of Care Conditions

The caregiver supports the child without financial assistance.

The caregiver must be a parent or a relative of the child.

The caregiver applies for TANF (Temporary Assistance for Needy Families) in the receiving state.

• The caregiver must be the child’s parent or relative; and

• The receiving state must allow a family to apply for TANF.

DFPS provides foster care assistance to the caregiver. The caregiver must be licensed to provide foster care in the receiving state.

For detailed information about applying for Title IV-E foster-care assistance, see 1511 Foster Care

Assistance and Review Policies.



Page 14 of 18

For information about SSI and adoption assistance payments, see 1715.4 SSI Payments and Adoption

Assistance Payments.

If the child is eligible for Title IV-E foster-care assistance, the cover letter should include information about

the child’s Title IV-E eligibility, to enable the receiving state to begin paying the child’s Medicaid benefits.

See:

1538 Medicaid Benefits for Foster Care Children Placed in Texas From Other States

1539 Medicaid Benefits for Foster Care Children Placed Out-of-State

If the child is placed with a parent or relative not receiving foster care payments, the caregiver applies for

Medicaid in the receiving state.

PROVIDING CHILD INFORMATION FOR AN ICPC PLACEMENT REQUEST

To the extent available at the time of the placement request, provide all of the information that DFPS

ordinarily provides to a child’s caregiver, including the child’s:

• current service plan, as specified in:

• 6241 The Child’s Plan of Service (CPOS), and

• 6221 The Permanency Plan;

• most recent status report filed with the court, as specified in 5530 Permanency Hearings for Children

Under Temporary DFPS Conservatorship;

• most recent school records, including any special education records;

• medical documents, including the child’s most current medical and dental exams, immunization

record; and psychological evaluation or developmental assessment (if applicable).

Psychotropic Medications and Adoption Screenings

If a child is taking psychotropic medications or if the ICPC referral is for a home screening related to an

adoption, include either a psychological evaluation or developmental assessment in the ICPC placement

request packet.

Court Orders

Before submitting an ICPC request, DFPS must have a Temporary Managing Conservatorship Order

(TMC). An Emergency Order is not sufficient.

Texas court orders that specify one child’s name and use et al to represent the others must include the

names of any other children who are involved in the order by listing them either:

• under the court order heading In the Interest of; or

• in the body of the court order .








Page 15 of 18

WELL-BEING SPECIALISTS

Well-being specialists are state office staff located throughout the regions. They serve as subject matter

experts and help resolve issues that are preventing for children in DFPS conservatorship from receiving

medical and behavioral health care. They also assist in arranging for medical needs or assessing

services for children before placements outside of Texas.

Before placing a child outside Texas, the child's caseworker should contact the regional well-being

specialist to make sure that any medical needs for the child are identified and arranged.

See 4515 Placing the Child in the Other State if the Placement is Approved

http://intranet.dfps.txnet.state.tx.us/CPS/Regional/well-being.asp



Page 16 of 18

FOSTER-CARE PLACEMENTS

When another state's agency wants to place a child in foster care in Texas, the actions that DFPS may

take vary, as described in the following chart.

If the family … then …

is already verified or licensed as a CPS foster family home in Texas …

the DFPS unit assigned to handle the request reviews the family’s home screening and verification or license, and then:

• visits the home to assess the family’s ability to meet the child’s specific needs;

• updates the home screening; and

• makes a recommendation for or against the placement.

is not already verified or licensed as a foster family home …

the DFPS unit assigned to handle the request:

• completes a home screening; and


The DFPS Child Care Licensing (CCL) Division verifies that the home meets CCL’s Minimum Standards for Independent Foster Homes.

is licensed as a foster family in the sending state … the DFPS unit assigned to handle the request:

• completes a home screening; and



is requesting to be licensed through a child placing agency (CPA) in Texas …

the DFPS unit is not involved; however, TICO:

• ensures that the sending state has a current contract in place with the Texas CPA;

• forwards the ICPC request directly to the CPA; to complete the home screening, the CPA:

• visits the home to assess the family’s ability to meet the child’s specific needs;

• completes the home screening; and

• makes a recommendation for placement.


STATES THAT REQUIRE ALL NON-PARENTS TO BE LICENSED AS FOSTER

PARENTS

The Interstate Compact Placement of Children (ICPC) provides for the placement of children in DFPS

conservatorship in another state. TICO is the Texas Interstate Compact Office. Texas does not require a

relative or fictive kin to be licensed as a foster parent.

All states require licensing if the placement resource is second generation fictive kin (great-aunt, great-

grandparent), step-parent, or an unrelated person.


Page 17 of 18

Some states require all non-parents to be licensed as a foster parent before a child from Texas can be

placed with them through the ICPC process. Refer to the Texas ICPC Office to identify those states.

See:

4510 Placing Children Outside of Texas



Page 18 of 18

WHEN A JUVENILE PROBATION OFFICER REQUESTS PLACEMENT IN A

LICENSED RESIDENTIAL FACILITY

A juvenile probation officer in either the sending or receiving state may request to place an adjudicated

delinquent in a licensed residential facility.

This type of placement may be covered either by the Interstate Compact on the Placement of Children

(ICPC) or by the Interstate Compact on the Placement of Juveniles (ICJ).

• If the sending agency places the juvenile in a CCL-licensed facility, such as a residential treatment

center, the placement is covered by the ICPC and in Texas the Texas Interstate Compact Office

(TICO) coordinates the placement.

• If the sending agency places the juvenile in a facility that is not licensed by CCL (for example, a

juvenile detention center), the placement is covered by the ICJ and not ICPC.

The probation officer completes required ICPC request documentation and sends it to the ICPC office in

the sending state.

If Texas is the sending state the office can make the request through the ICPC Online Request website or

by email, postal mail or fax.

• Email [email protected] or [email protected]

• Postal Mail: DFPS, ATTN: Texas Interstate Compact Office, MC W-223, PO Box 149030, Austin,

Texas 78714

• Fax 512-339-5815

The probation officer submits the following:

• The Placement Request (100A)

• A court order that includes ICPC Article 6 language

• An acceptance letter from the licensed residential facility

Additional documentation that can be included is the:

• social history of the child; and

• psychological or psychiatric evaluation of the child.

After the placement is approved through the receiving state Interstate Compact office, the probation

officer submits to a Placement Status (100B), specifying the placement date, to the Texas Interstate

Compact Office (TICO).

The probation officer is responsible for maintaining a copy of all documentation related to the child’s

placement.

Supervision

The facility supervises the placement and sends quarterly supervisory reports to TICO.

TICO forwards the quarterly reports to the probation officer.

Closing the Case

When the child leaves the facility, the probation officer completes a Placement Status (100B) in the ICPC

Request website.

TICO forwards a copy to the sending state’s compact office notify them of the child’s discharge and TICO

is closing the case.

TICO closes its case when the child is discharged, turns 18 years of age, or approved placement is not

used.

mailto:[email protected]

mailto:[email protected]

http://www.aphsa.org/content/AAICPC/en/ICPCRegulations.html

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